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Tenney v. Liberty News Distributors, Inc.

10 N.Y.2d 824 Court N.Y. Decision date 1961-10-05 English

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p. 824
Charles H. Tenney, as Corporation Counsel of the City of New York, Respondent, v. Liberty News Distributors, Inc., et al., Appellants.
Submitted October 2, 1961;
decided October 5, 1961.

Headnote

Reported below, 13 A D 2d 653 .
p. 825
Frank R. McGlynn, Jerome A. Perles and Stanley M. Estrow for motion.
Leo A. Larkin, Corporation Counsel (Seymour B. Quel and John L. Radlein of counsel), opposed.

Motion dismissed upon the ground - that the nonfinal order sought to be appealed from was entered in an action, not a proceeding, and is, therefore, not covered by subdivision 2 of section 589 of the Civil Practice Act (Point Lookout Civic Assn. v. Town of Hempstead, 7 N Y 2d 751 ).

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